Legal Opinion

McGarey v. York County

District Court, D. Maine

Decided February 6, 2006No. CIV.05-134-P-CPublished

1Opinion of the Court

ORDER GRANTING DEFENDANT LANOIE’S MOTION TO SET ASIDE DEFAULT

GENE CARTER, Senior District Judge.

Now before the Court is Defendant Roger Lanoie’s motion seeking that the Court set aside the default entered against him on November 1, 2005, pursuant to Federal Rule of Civil Procedure 55(c). For the reasons stated below the Court will grant that Motion.

Facts

The Complaint alleges that Plaintiff suffered a broken jaw resulting from an inmate-on-inmate assault at the York County Jail. Complaint 1126 (Docket Item No. 1). Defendant Lanoie is alleged to have been a Corrections Officer at the jail at…

2Cases cited4 opinions

  1. Scott Coon v. Robert P. GrenierCourt of Appeals for the First Circuit · 1989
  2. McKinnon v. Kwong Wah RestaurantCourt of Appeals for the First Circuit · 1996
  3. KPS & Associates, Inc. v. Designs by FMC, Inc.Court of Appeals for the First Circuit · 2003
  4. Lucerne Farms v. Baling Technologies, Inc.District Court, D. Maine · 2002

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